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Frequently Asked Questions |
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answers to these questions are taken from the booklet "Taking Steps
to Plan for Critical Health Care Decisions" published
by the Vermont Ethics Network. For information on this and other
VEN's publications and how to purchase them click
here. |
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Why should I write an Advance Directive? There may come a time when you are seriously ill or injured and cannot make your own decisions about what kinds of life-sustaining treatment you would want under the circumstances. By having discussed these matters ahead of time with loved ones and then appointing an agent to make medical decisions for you, based upon your values and wishes, you will give your loved ones a beacon to guide them through a most difficult time. It will be a gift of communication and an assurance that your wishes are being honored. |
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| Who
can write an Advance Directive? You may write one
if you are an adult (the Terminal Care Document specifies that
you be at least 18) and are capable of understanding the nature
and consequences of your medical care decision. |
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| Who
should consider preparing an advance directive? Everyone
who qualifies. No matter how young or old, how healthy or sick
you are, you could have an accident or unexpected illness and
suddenly be unable to speak for yourself. |
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| Who
can be my agent? Anyone over 18 years
old or older can serve as your agent, with one exception. Under
Vermont
law, your health or residential care provider cannot be your
agent and your provider at the same time - unless that person
is a relative. Vermont law also allows for selection of an "alternate
agent," in the event your agent is unavailable when a
health care decision is required. |
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| Is
my doctor required to honor my advanced directive? Your
doctor is legally required to follow its directions as closely
as possible. If your doctor disagrees with your wishes, he
or she must help find another physician willing to follow your
instructions. That applies to all the doctors involved in your
care. |
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Will another state honor my advanced directive? Most states will honor an out-of-state advance directive, but some require that it conform to their own laws. New Hampshire, for example, does not permit artificially supplied nutrition and fluids, tube feeing, to be withheld or withdrawn unless the patient has provided written instructions to that effect in an Advance Directive. New Hampshire requires that advance directives be notarized OR be witnessed by two people. Some states will not honor an advance directive of a patient who is pregnant and permanently ill or comatose. While Vermont has no such law, women capable of becoming pregnant should consider including instructions relating to pregnancy on their advance directives. If you are
expecting to be treated out-of-state, check directly with the
state or contact the National Hospice and Palliative Care Organization (www.nhpco.org) , 1700 Diagonal Road, Suite 625, Alexandria, VA,
22314 (telephone 1-800-658-8898 ),
for more information or to view the forms of the other state. It is a good idea to take a photocopy of
your advance directive with you when you travel. You may also
carry a wallet card. |
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| Will
my advanced directive be honored in an emergency? If
you have a medical emergency outside of a hospital, the ambulance
crew is instructed to give you life-prolonging care until you
can get to the hospital and are evaluated by a doctor. At the
hospital, you, or your advance directive, can guide further
decisions. If you are terminally ill and wish to die at home,
you should talk to your doctor, other caregivers and family
members about situations in which you might or might not want
the ambulance summoned. |
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| Can
I still make my own health care decisions if I have signed
an Advance Directive? Absolutely. You continue to make your
own medical decisions as long as you are able to do so and
can communicate your wishes. Your agent's authority begins
only when you lack the capacity to make your own decisions,
as certified in writing by your doctor. Even if your agent
has already begun to make decisions on your behalf, treatment
cannot be given or withheld if you object. |
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| Is
an Advance Directive useful only for refusing treatment? No.
One of the strongest features of an Advance Directive is that it enables
you to indicate the kind of care you do want as well
as treatments you don't want. |
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What if I change my mind about the kind of treatment I want? You must fill out a new form if you want to change anything in your written advance directive. Writing a new Advance Directive automatically cancels the old one. You may also cancel an Advance Directive by tearing it up or telling others that it no longer applies. Be sure to notify everyone who has copies of your advance directive that you are canceling it and writing a new one. It is also
important to review your advance directive every few years, more
often if your health is declining, to make sure it still reflects
your wishes. Initial and date it each time. |
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| What
should I do with my Advance Directive document after I have signed
it? There are no specific legal requirements, but
copies should be given to your family, your doctor and your
local hospital. You may also carry a wallet card. |
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| How
can I become an organ donor? If
you are at least 18 years of age, you may sign and carry a Uniform
Donor Card. (Download
Card). You may also check and sign the appropriate lines
on the back of your Vermont Drivers license. These cards authorize
the removal and use of your organs and tissue after your death.
Organs needed for transplantation are kidneys, lungs, heart,
liver and pancreas. Tissues used for transplantation include
eyes/corneas, bone and associated connective tissue, skin, heart
valves and cardiovascular tissue. The new Advance Directive for Health Care Form has a special optional section for you to express your wishes about being an organ donor. More Details
on Organ Donation. |
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| Does my Advance Directive authorize my agent to make funeral arrangements for me? Yes, it can if you wish. Part Four allows you to share specific directions about your funeral wishes or other disposition of your remains, including who you wish to name as your agent for this purpose. It may be somebody other than your health care agent. Or, you may just want to indicate that your family will decide. |
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